Alford v. State
| Docket Number: | 2007-KA-00241-COA Linked Case(s): 2007-KA-00241-COA ; 2007-CT-00241-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-26-2008 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Possession of firearm by felon - Motion for severance - Lesser-included offense instruction Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts, and Carlton, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-18-2007 Appealed from: Clay County Circuit Court Judge: James T. Kitchens, Jr. Disposition: CONVICTED OF COUNT I, MURDER, AND SENTENCED TO LIFE IMPRISONMENT AND COUNT II, POSSESSION OF A FIREARM BY A FELON, AND SENTENCED TO THREE YEARS, WITH SENTENCES IN COUNTS I AND II TO RUN CONSECUTIVELY, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS A HABITUAL OFFENDER WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Forrest Allgood Case Number: 8974 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LASHARIS T. ALFORD A/K/A POOKIE DOG A/K/A POOKIE DOS |
THAD BUCK |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Murder & Possession of firearm by felon - Motion for severance - Lesser-included offense instruction |
| Summary of the Facts: | Lasharis Alford was convicted of murder and possession of a firearm as a previously convicted felon. He was sentenced to life imprisonment for the murder conviction and to three years for possession of a firearm by felon. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion for severance Alford argues that the judge improperly denied his motion for a severance of the two counts in his indictment, because his right to a fair trial was violated since the jury heard evidence he was a prior convicted felon. At trial, one of Alford’s prior felony convictions for aggravated assault was entered into evidence only to prove the charge of possession of a firearm by a convicted felon, not to prove a propensity for murder. At the end of trial, the jury was clearly instructed of the singular purpose of the evidence of Alford’s prior felony conviction. Thus, the circuit court did not abuse its discretion in denying the defense’s motion to sever. Issue 2: Lesser-included offense instruction Alford argues the circuit court should have granted his jury instructions on manslaughter. Lesser-included offense instructions should be given if there is an evidentiary basis in the record that would permit a jury rationally to find the defendant guilty of the lesser offense and to acquit him of the greater offense. Alford argues that while testimony shows he and the victim merely had “words” with one another, the jury could infer that there was an earlier altercation between the two men which aroused “heat of passion” in Alford. However, the record presents no evidence of sudden provocation between Alford and the victim on the night at issue. According to all of the eyewitnesses, Alford was the angry person, and the victim initially tried to remove himself from a confrontation with Alford. Furthermore, even if a past argument could be inferred between the two men to explain Alford’s animosity toward the victim, this is also insufficient to satisfy the heat-of-passion element of manslaughter, as the provocation must be immediate. Therefore, the trial court did not err in refusing to give a manslaughter jury instruction. |
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